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HomeMy WebLinkAbout20141200.tiff STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 RECEIVihri nOLORADODenver, Colorado 80203 Phone: (303)866-3567 s 1 FAX: (303)832-8106 MAY t I WELD COUNTY COMMISSIONER John W.Hickenlooper Governor May 9, 2014 Mike King • Executive Director Virginia Brannon Director Weld County Commissioners County Commissioner 915 10th St Greeley,CO 80631 RE: Notice of 112 Construction Materials Reclamation Permit Application Consideration Weld County Public Works, Koskie Pit,File No. M-2014-024 Please be advised that on May 9, 2014,Weld County Public Works, whose address and telephone number are 1 1 1 1 H St. ,Greeley, CO 80632; (970) 304-6496, filed an application to conduct Surface extraction of construction materials and reclamation, at or near Section 12, Township ION, Range 67W,06th Principal Meridian, in Weld County. Please be advised that the permit area may be located in more than one Section, Township, and Range. The application decision is scheduled for August 7, 2014. A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the office of the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver, Colorado 80203. If you desire to make comments or objections, they must be submitted within twenty (20) days of the date of the last newspaper public notice to he considered in the application review process by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your comments or any objection by the end of the public comment period,the Office will assume you have no objection or comment to the proposed activity. If you have any questions, please contact me. Sincerely, ett 5. ?- <di 5 Peter S. Hays Environmental Protection Specialist rejjibl.w Kfai La..D CC. 1TLfrim>17W(c_KfiM, �> 20P-I- 1200 116 IN Office of Office of Mined Land Reclamation Denver•Grand Junction•Durango Active and Inactive Mines NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY Weld County Public Works (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. You may also contact the applicant directly at the number below. Weld County Public Works Attention: Clay Kimmi 970-304-6496 x 3741 Hand Delivered RECEIVED APR 1 4 2014 WELD COUNTY COMMISSIONERS Rso- 4 'l9 "I` ' C : i?LOn h PLZ ?E L LH) 2014-1200 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 , COLORADO Phone:(303)866-3567 DIVISION OF RECLAMATION FAX:(303)832-8106 MINING -&- SAFETY CONSTRUCTION MATERIALS REGULAR(112)OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE:n There is a File Number Already Assigned to this Operation Permit# M - - (Please reference the file number currently assigned to this operation) O New Application(Rule 1.4.5) El_Amendment Application (Rule 1.10) n_Conversion Application(Rule 1.11) Permit# M - - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1)the application form;(2) Exhibits A-S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section (4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2" X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly,in the space provided, ALL information requested below. 1. Applicant/operator or company name(name to be used on permit': Weld County Public Works 1.1 Type of organization(corporation,partnership, etc.): County Government 2. Operation name(pit,mine or site name): Koskie Pit 3. Permitted acreage(new or existing site): 40.5 permitted acres 3.1 Change in acreage(+) N/A acres 3.2 Total acreage in Permit area N/A acres 4. Fees: 4.1 New Application $2,696.00 application fee 4.2 New Quarry Application $3,342.00 quarry application 4.4 Amendment Fee $2,229.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee sand gravel 5. Primary commoditie(s)to be mined: 5.1 Incidental commoditie(s)to be mined: I. N/A - Ibs/Tons/vr 2. N/A / Ibs/Tons/vr 3. N/A / lbs/Tons/yr 4. N/A / lbs/Tons/yr 5. N/A / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: construction projects and surfacing gravel roads N/A 5.3 Anticipated end use of incidental commoditie(s)to be mined: -2- 6. Name of owner of subsurface rights of affected land: Scott Koskie If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: Scott Koskie 8. Type of mining operation: Surface 1111 Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN(check one): 0 6th(Colorado) E 10th(New Mexico) 11 Ute SECTION (write number): S 12 TOWNSHIP(write number and check direction): T 10 IT North Q South RANGE(write number and check direction): R 67 17. East El West QUARTER SECTION (check one): E_E C1 ❑ SW QUARTER/QUARTER SECTION(check one): NE P NW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): approximately 2.5 miles south of and 2.5 miles east of the town of Carr at an elevation of approximately 55OO ft 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg min sec . (2 decimal places) Longitude(W): deg min sec . (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) 40 85578 (5 decimal places) Longitude(W) -104 83538 (5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing -3 - 1 L Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Jay McDonald Title: Director Company Name: Weld County Public Works Street/P.O. Box: 1111 H St P.O. Box: 758 City: Greeley State: CO Zip Code: 60632 Telephone Number: 970 )_ 304-6496 Fax Number: (970 )- 304-6497 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Clay Kimmi Title: Senior Engineer Company Name: Weld County Public Works Street/P.O. Box: 1111 H St P.O. Box: 758 City: Greeley State: CO Zip Code: 60632 Telephone Number: (970 )_ 304-6496 x 3741 Fax Number: (970 )- 304-6497 INSPECTION CONTACT Contact's Name: Same as Permitting Contact Title: Company Name: Street/P.O. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( )- Fax Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( )- CC: STATE OR FEDERAL LANDOWNER(if any) Agency: N/A Street: City: State: Zip Code: Telephone Number: ( )- -4- 12. Primarrffuture(Post-mining)land use(check one): 1' I Cropland(CR) � Pastureland(PL) General Agriculture(GA) ElRangeland(RL) n Forestry(FR) _.a ^ ^ Wildlife Habitat(WL) FlResidential(RS) 1 I Recreation(RC) ^n Industrial/Commercial(IC) rel Developed Water Resources(WR) �J Solid Waste Disposal(WD) 13. Primary present land use_(check one : IICropland(CR) Pastureland(PL) General Agriculture(GA) El Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) in Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truck/shovel): excavator, loader, or dozer will push material into a stockpile, a haul truck may be used to take material to the crusher 15. On Site Processing: / Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Pit run will be sent through the crusher to generate construction materials and surface gravel List any designated chemicals or acid-producing materials to be used or stored within permit area: None 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). N/A - 5 - Maps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5,and 1.6.2(l)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S,Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(6)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a number of important requirements which you,as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided,to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. �� 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal �� liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; - 6- 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 171 ' 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; -*O.--- 5. It is your responsibility to notify the Office of any changes in your address or phone number; .4117 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information(Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. ICayily 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 794/) 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and !!// conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. flliP 9. Annually, on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. - 7- NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303) 866-3567. - 8 - Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s) in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, C.R.S.) as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503, C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-325-123, C.R.S. Signed and dated this 1 `4 +h day of Aped , GO i(-1 . wcid (,(≤ 1;t.17A,c.. 'Wentik.11- If Corporation Attest(Seal) Applicant/OperatNr or Company Name Signed: z.t \� ^v\_ ed_w Signed: Corporate Secretary or Equivalent Title: .I Plfe-C L`c G F wA.)1 sc. ut),(4 Town/City/County Clerk State of C.0 ttl{ikti0 ) ) ss. County of Ll Alit ) The foregoing instrument was acknowledged before me this /yr day of /fir' : ,(9 C/ L/ . by —1>Ircccti- as 7 ChQh6, nI d of tti e /1 C l; t 4? �iu(2/;C SHARON BENSON ��`C NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20084020155 MY COMMISSION EXPIRES MAY 24,2018 My Commission expires: 6 �L - ) SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a proposed mining operation. The following is a sample of the Notice required for Rule I.6.2(1)(b)that you may wish to use. NOTICE Weld County Public Works This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) P°Box 758,Greeley,CO 80632,970-304-6496 whose address and phone number is (Address and Phone Number of the Applicant/Operator) has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the(County Name) Weld County Clerk and Recorder's Office, (Clerk and Recorder's Office Address) 1150 O St, Greeley, CO 80632 and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: I, Ckcy K krvAm i ,hereby certify that 1 posted a sign containing the above notice for the proposed permit area known as the(Name of Operation) Koskie Pit , on (Date Posted) ant (`I 2ciy @k SIGNA RE DATE KOSKIE PIT Construction Material Regular 112 Operations Reclamation Permit Application Prepared For Division of Reclamation and Mining Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 Land Owner Scott Koskie 14570 N CR 7 Wellington, CO 80543 Operator Weld County Public Works Department 1111 H Street Post Office Box 758 Greeley, Colorado 80632-0758 Exhibits List EXHIBIT A- Legal Description EXHIBIT B - Index and Location Maps P EXHIBIT C - Pre-Mining and Mining Plan Maps of Affected Lands EXHIBIT D - Mining Plan EXHIBIT E - Reclamation Plan EXHIBIT F - Reclamation Plan Map EXHIBIT G - Water Information EXHIBIT H—Wildlife Information EXHIBIT I - Soils Information EXHIBIT J—Vegetation Information EXHIBIT K—Climate Information EXHIBIT L—Reclamation Costs EXHIBIT M—Other Permits and Licenses EXHIBIT N-Source of Legal Right—To —Enter EXHIBIT 0—Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined EXHIBIT P—Municipalities Within Two Miles EXHIBIT Q—Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R—Proof of Filing with the Weld County Clerk and Recorder EXHIBIT S—Permanent Man-Made Structures EXHIBIT T. - Proof of mailing notices of permit application; ADDENDUM 1—Notice Requirements: M:\Mining\Koskie\DRMS Application\Koskie Application Exhibits.doc 4/13/2014 EXHIBIT A- Legal Description A tract of land located in the N1/2 of the N1/2 of the E1/2,Section 12,T10N,R67W of the 6th P.M.,Weld County,CO, comprising approximately 40.5 (forty and one half) acres. The property can be accessed off the south side of Weld CR 120. The latitude and longitude of the proposed primary entrance is latitude 40.85578 N and longitude -104.83538W. There is no street address for this property. LAND OWNER: Scott Koskie 14570 N CR 7 Wellington, CO 80543 M:\Mining\Koskie\DRMS Application\Koskie Application Exhibits.doc 4/13/2014 EXHIBIT B - Index Map Regional Index Map h N , r M 928 h - D. ,y . 6. 5 ?8 04,_,,st T ,.... , 121' . rr 111 I . .! Town of Carr III...\..< , 1 : pa i:._ 1 Ell N 112 112 in co 110 110 csi III Eli En Town of Nunn ill M . , _ . 100 El Koskie Pit Regional Vicinity Map N 1� 5 r r.iN I�1 0 5 ,000 10,000 20,000 � _ E Legend pi O.n,o, un: ,4s Feet s M:\Mining\Koskie\DRMS Application\Koskie Application Exhihits.doc 4/13/2014 Local Index Map * I � , _ ♦ .: ,. , i • • i ' : , • Town of Carr r . ♦ . • • r r • 4 1 1 h• -i, 1 Y la e. 1 � ' a a_ r+ • s .� N _ - - a ' i A 1 'a I+ �.� • 4 ' \ �. 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Ns t• is EXHIBIT D -Mining Plan a) It is anticipated that sand and gravel excavation,processing(rock crushing and screening),and stockpiling at the Koskie site will commence upon receipt of approval from the Colorado Division of Mining and Geology and receipt of other necessary permits. Gravel excavation and processing will be seasonal with stockpiling of gravel for later County uses depending upon the local road repair and construction needs. Excavation and stockpiling volumes are anticipated to be approximately 100,000 tons per year. The Koskie site likely has only 10 years or less of gravel and sand reserves. Approximately 30 acres(15 acres for stockpiling and processing and 15 acres for mining)will be disturbed during the initial phase of the mining operation. The area will be stripped so that the crushing and screen plants can be set up on the west end of the permitted area. Mining will start on the east end of the permitted area and progress to the west. It is anticipated that mining will be done using excavators, front end loaders, dozers, scrapers,and haul trucks. b) Topsoil thicknesses at the Koskie site are thin,typically less than 12(twelve)inches. Topsoil will be stockpiled at the location shown on the mine plan map(see Exhibit C). The topsoil piles will be seeded to prevent erosion and loss of soil. c) The gravel deposits proposed to be mined are stream channel deposits associated with Lone Tree Creek, an ephemeral stream that is located approximately%z mile to the east of the Koskie site. Therefore,the thickness of overburden to be removed during gravel extraction is expected to be minimal. Minimal stockpiling of overburden is anticipated. Mined soils unsuitable for construction use will be separated from the mined gravels and may be stockpiled at the site. These soil stockpiles will be utilized for excavation backfill and site reclamation. d) The estimated thickness of gravel-bearing zones varies from between 0 and 15 feet thick at the Koskie site. No high wall mining is anticipated. e) The enclosed mine plan map (Exhibit D) shows the proposed locations for the haul road, gravel processing (crusher location), soil and gravel product stockpile areas. f) The dimensions of any significant disturbances are shown on the mine plan map as`limit of gravel mining area' and the gravel processing and soil stockpiling areas(see Exhibit D). g) Weld County Road 120 extends east-west along the north edge of the Koskie site(see Exhibit D). The gravel excavation and processing areas will be accessed from that county road. h) The Koskie property is located approximately%2 mile west of Lone Tree Creek which is an intermittent stream that is typically dry most months of the year. There are no irrigation structures or surface water impoundments existing or planned at the site. There is one well that is used for stock watering within 200 feet of the mine permit area. Water needs for gravel mining and processing operations are expected to minimal;water for dust control can be obtained and hauled from existing County-owned wells that have been decreed for the appropriate uses. Water from the nearby well will not be used for any County operations. Water used in mining and crushing operations and for dust control is estimated to not exceed approximately 4000 gallons per month during those operations. i) Test pitting performed at the Koskie site shows that groundwater is deeper than approximately 15 feet;therefore, it is anticipated that no groundwater will be encountered at the site. In order to avoid exposing groundwater and to facilitate surface water drainage out of the pit,the pit excavation will not be deeper than approximately 15 feet which will be slightly higher than the bench terrace located directly east of and adjacent to the Koskie site. According to information obtained from the State Engineer's Office, the Koskie site is not located within a designated groundwater basin. M:\Mining\Koskie\DRMS Application\Koskie Application Exhibits.doc 4/13/2014 j) It is anticipated that sand and gravel excavation, crushing, and stockpiling at the Koskie site will not disturb surface water or ground water quality. Erosion control measures(Best Management Practices)will be installed along the perimeter of disturbed areas and at the east margin of the site to protect the adjacent intermittent creek area from mined area runoff and sediment. A Colorado Department of Public Health and Environment Stormwater Construction Permit will be obtained prior to the start of mining operations. k) Any onsite generated trash will be collected in an on-site dumpster and disposed at the County landfill. No chemicals are anticipated to be utilized at the site. 1) Best Management Practices, including berms, silt fencing, and straw bales erosion control measures will be installed along the east end of the Koskie site to protect the adjacent intermittent creek area from mined area runoff and sediment. Open excavations are not anticipated to be over 15 feet deep, MSHA approved open excavation and fall protection safety measures including fencing and berms will be installed as needed. During and following mining, side slopes to the pit will be graded for stability and will be re-vegetated as needed to meet the reclamation plan. m) A mobile rock crusher and screen plant will be installed in the "gravel processing" location shown on the enclosed mine plan map(Exhibit D)during intermittent crushing operations. It is anticipated that the crusher and other equipment will be re-located to other County-operated gravel processing sites for the majority of any year. n) No secondary commodities are anticipated to be extracted or produced at the Koskie site. No asphalt plant or concrete batch plant is planned for the Koskie site. o) Gravel and sand extracted from the Koskie site will be utilized by Weld County Public Works Department for repair and maintenance of local County roads and other County construction projects. Soils and mined materials unsuitable for road construction may be stockpiled at the site. These soil stockpiles may be utilized for excavation backfill and site reclamation on County-operated projects. This is a County-operated gravel pit;no commercial gravel and sand sales are anticipated. M:\Mining\Kaskie\DRMS Application\Koskie Application Exhibits.doc 4/13/2014 EXHIBIT E - Reclamation Plan a) The pre-mining land use is non-irrigated cropland. The perimeter of the fields(approximately 15 feet from fence lines)can be classified as rangeland since it is vegetated with a native grasses. The landowner currently follows a rotation of planting 1/3 of the mining area with winter wheat, 1/3 of the mining area with sudan,and 1/3 of the mining are is left in summer fallow. According to crop insurance records provided by the landowner, the average yield for the period between 2004 and 2013 for winter wheat was 15 bushels/ac. The average yield for the sudan during the same period was 1 to 2 tons/ac for use as cattle feed. b) The post-mining land use will be non-irrigated cropland with the expectation that the owner will follow the same pre-mining crop rotation.The proposed post-mining land use is consistent with the surrounding land uses. The property to the north of the permit area has been mined and converted to rangeland,the property to the east is utilized for rangeland, the property to the west is rangeland and cropland, and the unmined portion of the property on which this permit application is submitted for is utilized as cropland. c) Reclaimed slopes will be graded at a maximum of four to one(4:1)horizontal to vertical. The portions of the mine permit area that are to be returned to cropland will be graded so they can be traversed with farm equipment. d) Site reclamation will be sequential as mined areas are completed. Sand and gravel excavation,crushing,and stockpiling at the Koskie site will commence upon receipt of approval from the Colorado Division of Minerals and Geology. Rock excavation and crushing will be seasonal with stockpiling of gravel for later uses depending upon the local road repair and construction needs. Topsoil stockpiled at the site will be utilized for reclamation following cessation of gravel excavation/mining. The pit will be graded so that any stonnwater will be directed along its historical flow path towards Lone Tree Creek. See Exhibit F. e) Reclaimed areas will be stabilized by: i) Concurrent regrading on areas of the site where excavation has been completed. ii) Replacement of topsoil in thicknesses equal to or exceeding the original topsoil depths found at the site. iii) Addition of organic matter to the soil as necessary to return the mined area to approximate pre-mining crop production levels. iv) Disturbed areas outside of the fields will be reclaimed with a native grass mixture that is deemed appropriate by the NRCS and Weld County Weed Control requirements. v) The areas reclaimed with the native grass mixture will use a seed mix and application rate to be determined in accordance with NRCS guidelines and Weld County Weed Control requirements. vi) Depending on ambient conditions,the application method for those areas being seeded may be hand broadcast,hyrdoseeded,or drilled and crimped. Mulch application may be concurrent with seeding. Mulch may include straw and tackifer. vii) Any required seeding will be done in accordance with NRCS guidance and Weld County Weed Control requirements. f) The reclaimed Koskie site is not anticipated to encounter groundwater or surface water and will have no ponds. The mining area access road may be left in place following cessation of mining. g) Reconnaissance of the Koskie site indicates that the thickness of overburden to be removed during gravel extraction is minimal. Therefore stockpiling of overburden piles is not anticipated. Soils and waste rock unsuitable for construction materials will be separated from the gravels and may be stockpiled at the site. These soil stockpiles will be utilized for excavation backfill and site reclamation. h) Reclamation, backfill,and seeding estimated costs: Under$60,000. M:\Mining\Koskie\DRMS Application\Koskie Application Exhibits.doc 4/132014 EXHIBIT F -Reclamation Plan Map See the attached mine reclamation map(Exhibit F)showing the proposed final re-grading of all disturbed areas. M:\Mining\Koskie\DRMS Application\Koskie Application Exhibits.doc 4/13/2014 7 T , O irenta fel, _ hiony "':4 - c ca t , .! 1 . A co Ic.5 cn E � D O ff? •O II k., •.. ' j (� ,_ci •V to 242) c i.--,, te,.... - IICr) Q v N co , �� o r co ` E D r— a) -a ". wow Nkisit lei. ._c a) O a 10. 14-- 1 . _ f 2 � cn I° � o vi vi OL ` WI-1-1 CC Ay r i.i it 4 Ca 0 C w w Z U Z • - n�wa� aq o� aaua� o a) ca Q LU ~ o O U kidaS I '..r _ 4 --or. _11 _ _ ti o ca NJUUO ? Z Anna• .. ``• , F ..„..\<„, .. \\ \ Q C O r row N OowdZO ` �n to U as u) , \ < •i , fltilH (13Ii \\ \\ 1\\\\4 2 _\`�\ if - cu r C -c' O w L � � Z � 4 : kl \ cu \\ ‘C`\ \% ` \�,\\ \ \.\\ C ,r- . -a— _ m o '- ° QwOQ Cri , • . 0_ n c L N N O >- \ \ \ \ \ ki a cam ~ o � a � Qfw— \\ �� g ca a) al — U Q f— a Z. \\\ (..) c n), -0 — a.) it, . _at,\Iiiik - cn ,._ \_, O Lii \ ` N , iil c OH rno wwQ QZF= - •U o u- ,iik 14 \ O :4.4,, %I , 4, . \ :. -' rJ. ' NS\ . • \ Ect) ja O Ng = CO O 46 4 , 40_ \\ N . v O \(J , ou) 4, Ikrxsi §k4 E 2 \\ i- •:. i o .).1 SI\ (I) Lei Ai o \ li. w \\ W a) m OW 12 \\I\ti \\\\ 41.- gn C \\:\7‘‘11& \-\%*(\1/4" ..\\\\%,414S% \ 1:, I ,ilikki sitsi% . I -let‘lt Ili \\ LL I ...-----e tin 14% E milli a) . \ %Ils n , o , 4; . n cu , e.t.a * ----- , _ ---wr--- . cu X 7.3 rte 1 •\StIA‘ ' ‘ 1 4%Sr Hee X --.-r. er a uj . . wl 1O - fr. ., 4: k O • (n 00 n_ f si Kr :at•z.. if oes Fr, . tr . r- . AS c I' 0 Si . = CO a) ' I - a) c 0 ' Jefri ; .-4, . t E Et2 P D '_' a) .ir , . . 4. - t ,-.. . % m 0_ w . 73 o c c jig 1 ' • CD EXHIBIT G -Water Information a) Test pitting performed at the Koskie site shows that groundwater is deeper than approximately 15 feet; therefore, it is anticipated that no groundwater will be encountered at the site. In order to avoid exposing groundwater and to facilitate surface water drainage out of the pit,the pit excavation will not be deeper than approximately 15 feet which will be slightly higher than the bench terrace located directly east of and adjacent to the Koskie site. According to information obtained from the State Engineer's Office,the Koskie site is not located within a designated groundwater basin. b) There are no FEMA-designated floodplains or floodways on the portion of the Koskie site which is proposed for mining activities. c) There are no existing or planned surface water impoundments at the Koskie site. Water needs for gravel mining and processing operations are expected to minimal;water for dust control can be obtained and hauled from County-owned wells which have been permitted for such purposes. It is anticipated that less than 4,000 gallons of water per year will be necessary for dust control purposes. No water is anticipated to be used during the mining or reclamation phases. d) There are no irrigation structures on the Koskie property. e) There is one well, Well Permit No. 293366, which is located on the property but outside of the mine permit area According to the well permit,the well is used for livestock watering and has a pumping rate of 2 gallons per minute(gpm). The well is pumped via a windmill and the water is stored in a water tank. Mining is not expected to impact the well or the water supply because groundwater will not be intercepted. Furthermore,the well and windmill will be covered under a structures agreement. t) Since groundwater will not be encountered,there will be no need for dewatering the site. Any stormwater that falls on the site will be directed east along its historical flow path towards Lone Tree Creek. A CDPHE Stormwater Construction permit will be obtained for this site and best management practices will prevent the migration of sediment or other pollutants off-site. M:\Mining\Koskie\DRMS Application\Koskie Application Exhibits.doc 4/13/2014 EXHIBIT II-Wildlife Information The Koskie site is currently dry-land fanned,typically for winter wheat and sudan. No trees are present to offer roost or nesting sites for birds. As the proposed mine permit area is farmed,there are no threatened or endangered species in the mine permit area. During the mining operation, it is anticipated that there will be no impact to wildlife habitat because there is no wildlife habitat currently within the boundaries of the proposed mine permit area. It is anticipated that the mine permit area will be used for dry-land farming after mining is completed so there will be no impact to the wildlife habitat in the future. M:\Mining\Koskie\DRMS Application\Koskie Application Exhibits.doc 4/13/2014 EXHIBIT I—Soils Information Soils at the Koskie site are described on Sheet 14 of 43 in the Soil Survey of Weld County,Colorado—Northern Part published in 1981 by the Soil Conservation Service. Soils at the Koskie site include gravelly and loamy alluviums(Ustollic Calciorthids and Aridic Argiustolls) associated with the terrace benches of Lone Tree Creek. The site contains approximately 8.3 acres of Cascajo gravelly sandy loam(unit 20)and 32.2 acres of Nunn loam (unit 40). The Cascajo gravelly sandy loam is excessively drained with moderate to very high potential for water erosion and slight wind erosion potential. The Cascajo soils are suitable for rangeland pasture where livestock are managed to prevent overgrazing. The Nunn loam is well drained with slight to moderate potential for water erosion and slight wind erosion potential. The Nunn soils are suitable for non-irrigated cropland and rangeland pasture where livestock are managed to prevent overgrazing. The main crop grown in the Nunn soils is winter wheat. Low annual precipitation is the main limitation to the crops. The 1981 soil survey identifies the areas of Cascajo gravelly sandy loams as good for roadfill material and probable for sand and gravel deposits. The 1981 soil survey identifies the areas of Nunn loam as good for roadfill material and improbable for sand and gravel deposits although Weld County's experience at the adjacent Lehr pit in Section 12, TI ON, R67W, is that sufficient larger gravel deposits do exist in the subsurface to provide suitable road base material. Topsoil at the Koskie site is sparse and very thin, typically less than 3 inches thick for the Cascajo soils and typically less than 6 inches thick for the Nunn soils. M:\Mining\Koskie\DRMS Application\Koskie Application Exhibits.doc 4/13/2014 I : ! il it a it 14 urn P 015LZZSP OIL ZiNP QM72 P asczzsD l7Lrersr. atria' AL tlit' t _' . 444 ;14 k . . • • a .'" 440 . . - ., s. 4- / T . I. L i R • r IP i _ o g • i . lirla 8'. .- 1 • r _ ape ` = _. a• _ ig riii - - 1 sy f lit • • any M . 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'" 3 c1:3 03 u) 0 <>, j c • Q C • r (/) aQ 4-1 a) a) E `" E c co e o .g 0 " a) O -O c `0 o) E a) a) a) o .o CO .o a) a) o u) a Q a c 1:3 o C -a E s a) p a) U) •- 4- U (� Cu ` ` > >. CO O) u) t m a CO `� CD cn as " -n o a •� o c=i a cn a) a) � 0 a a) c L CO C . 2 N .O O a) o >O o (SS O N _- w L L O O O (n 0 L p E F > W E ao W E (n > 0 2 a "O < o i_ OU) (n O ON1— U .— O N a) v, N (0 >. >` C CO CO 3 Cl a li 0 c @ m 0) co a N co o co 03C a) n. c '" U) a) O 0 n Q U) &O a Tti E c0 07 Q-' c d U @ <n y �' `p �O c0 v) U) > 5 O U) d (/) oCC SD 2 -, Q co c Q ca 3 ii O 2O W ` o Ut @ o i- co W J a. N C L O o a) a CO) a c o ca c!) 2 p c 5 -0- 0 n -a c^n, a a. w FZ` ®1 � a W .— 1�-1 Y V/ W O Co♦a s_ J coV O 2 D D D ` a) a N n a) U o O W n o O E a a a Y d o O >. _ o O c @ = a >, a) W n Q p c0 ca ca y D 3 a) a) a) w u... t O N c a) T N r O U Q)) Y 3 > v) c>O c>o > `U) c_ 0 m 0 c C• > c _� a cn .O 'p .O C O O c0 O c0 c6 N a) O ( ca a) — O ` Q (n co U) •5 00 m o U 0 U` J J 2 f 2 d cc U) U) (1) U) U) a, n. 4- c �a Q cn Map Unit Legend Weld County,Colorado,Northern Part(CO617) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 20 Cascajo gravelly sandy 8.3 20.0% loam, 5 to 20 percent 40 Nunn loam,0 to 6 percent 33.4 80.0% Totals for Area of Interest 41.7 100.0% Weld County,Colorado,Northern Part 20—Cascajo gravelly sandy loam,5 to 20 percent slopes Map Unit Setting Elevation: 4,000 to 5,000 feet Mean annual precipitation: 11 to 13 inches Mean annual air temperature: 52 to 54 degrees F Frost free period: 120 to 160 days Map Unit Composition Cascajo and similar soils: 85 percent Minor components: 15 percent Description of Cascajo Setting Landform: Ridges, breaks Down-slope shape: Linear Across- slope shape: Linear Parent material: Calcareous gravelly alluvium Properties and qualities Slope: 5 to 20 percent Depth to restrictive feature: More than 80 inches Drainage class: Excessively drained Capacity of the most limiting layer to transmit water(Ksat): High(2.00 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency offlooding: None Frequency ofponding: None Calcium carbonate, maximum content: 25 percent Maximum salinity: Nonsaline(0.0 to 2.0 mmhos/cm)Available water capacity: Low (about 3.9 inches) Interpretive groups Farmland classification: Not prime farmland Land capability (non irrigated): 7s Hydrologic Soil Group: A Ecological site: Gravel Breaks(R067BY063CO) Typical profile 0 to 3 inches: Gravelly sandy loam 3 to 24 inches: Very gravelly loamy sand 24 to 60 inches: Very gravelly sand 40—Nunn loam,0 to 6 percent slopes Map Unit Setting Elevation: 4,500 to 6,700 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature: 46 to 54 degrees F Frost free period: 115 to 180 days Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Description of Nunn Setting Landform: Stream terraces, plains Down-slope shape: Linear Across-slope shape: Linear Parent material: Calcareous loamy alluvium Properties and qualities Slope: 0 to 6 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water(Ksat): Moderately low to moderately high(0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency offloading: None Frequency ofponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline(0.0 to 2.0 mmhos/cm) Available water capacity: Moderate(about 9.0 inches) Interpretive groups Farmland classification: Prime farmland if irrigated Land capability(nonirrigated): 4c Hydrologic Soil Group: C Ecological site: Loamy Plains(R067BY002CO) Typical profile 0 to 7 inches: Loam 7 to 23 inches: Clay loam 23 to 60 inches: Clay loam 60 to 64 inches: Sandy clay loam Construction Materials Source of Reclamation Material,Roadfdl,and Topsoil—Weld County,Colorado,Northern Map symbol and Potential as a Potential as a source of Potential as a source of topsoil soil name source of roadfill Rating class Value Rating class Value Rating class Value and limiting and limiting and limiting 20 Cascajo gravelly sandy loam, 5 to 20 percent slopes Cascajo Fair Good Poor Too sandy 0.12 Rock fragments 0.00 Low content of 0.13 Hard to reclaim 0.00 organic matter (rock fragments) Droughty 0.20 Too sandy 0.12 Carbonate content 0.92 Slope 0.16 Exchange capacity 0.46 40—Nunn loam, 0 to 6 percent slopes Nunn Fair Fair Fair Low content of 0.50 Low strength 0.22 Too clayey 0.65 organic matter Too clayey 0.79 Shrink-swell 0.71 Rock fragments 0.99 Dusty 0.84 Source of Sand and Gravel—Weld County,Colorado,Northern Part Map symbol and soil name Potential as a source of gravel Potential as a source of sand Rating class and Value Rating class and limiting Value limiting features features 20—Cascajo gravelly sandy loam, 5 to 20 percent slopes Cascajo Fair Fair Bottom layer 0.13 Bottom layer 0.13 Thickest layer 0.25 Thickest layer 0.48 40—Nunn loam, 0 to 6 percent slopes Nunn Poor Poor Bottom layer 0.00 Bottom layer 0.00 Thickest layer 0.00 Thickest layer 0.00 . t 09)� / r a. z © m — \ 2 � % 7 I Q _ & % $ a - IA tin Lit WI tfl 0 0 t g { 2 - r m m @ t -0. ena r _ » Ca _ - _ C } ! 7 } _ _ 87 (0 I_t in in in in in _I VI 2 & 3bp _ ! � O { 744 = 0 0 _ _ _ ■ 3 • ( < — — 't N '0 < D § ) / 4 k 4 k 2 / a 2 ° F \ / c § § \ § / & jGd § y > El go \ \ 0 o00 cn cu© 2 )en > ( x / 000 § _( � i / \ Q ; \ \ ® ` / / / / O G a ° KN S L' A $ 2 # u a Z 1/4O } \ 'it CM cn - C ) § k \ \ $ / ( a # ; # E ; \ ? Z ) ) } % \ 0 & tu \ co rn ° g ° � � EXHIBIT J—Vegetation Information The Koskie site is dry land farmed, usually as winter wheat and sudan. The site planned for gravel excavation and processing has not been irrigated. No trees are present on the Koskie site. EXHIBIT K—Climate Information The climate at the Koskie site is classified as semi-arid. Summers are characterized by with daily high temperatures of over 90 degrees Fahrenheit dropping to 50 degrees Fahrenheit at night. Winters are characterized by daytime temperatures near 32 degrees Fahrenheit with nighttime temperatures dropping to 10 to 20 degrees Fahrenheit. Annual precipitation is approximately 12 to 14 inches, with summer precipitation coming from localized convection cell thunderstorms. Winter precipitation comes in the form of snow and rain. EXHIBIT L—Reclamation Costs See the attached mine reclamation map(Exhibit F) showing the proposed gradient of all disturbed slopes and the location of revegetation areas. It is anticipated that no ponds will be constructed or remain on site. It is anticipated that the average thickness of overburden is minimal; however, overburden and excavated soil materials unsuitable for road construction will be use to backfill excavated areas and for site re-grading to stable slopes. Stockpiled topsoil will be placed on re-graded areas prior to re-seeding with approved plant type seed mixes. Final site reclamation costs include the cost of native thy land grass seed and mulch application. The mining plan includes concurrent regrading of mined areas. It is anticipated that fmal grading and placement of topsoils from on-site stockpiles followed by re-seeding will cost less than $60,000. No fmancial warranty is required because Weld County is a County entity. A written guarantee will be provided stating that the affected lands will be reclaimed in accordance with the terms of the permit. EXHIBIT M—Other Permits and Licenses List of Other Permits: 1. The proposed Koskie Pit Gravel Pit operation will comply with Weld County zoning regulations. a. Use by Special Review(USR)permit—approved by the Weld County Board of County Commissioners, 2. Permits will be applied for from the Colorado Department of Public Health and Environment (CDPHE) a. CDPHE—Water Quality Control Division(WQCD) for a storm water discharge permit and, b. Air Pollution Control Division(APCD)for air pollution emission notice(APEN)permit. Letters of Notification have been sent to the National Resources Conservation Service(NRCS),Colorado Department of Wildlife(DOW)and the Colorado State Historical Society. EXHIBIT N—Source of Legal Right—To - Enter Please see the attached Right to Enter form. The Koskie property is owned by Scott Koskie and Weld County has entered into a long term lease agreement with the land owner. RESOLUTION RE: APPROVE AGREEMENT FOR RIGHT TO ENTER TO OBTAIN SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN - scorr KOSKIE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Right to Enter to Obtain Soil and/or Gravel for Road Purposes between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Scott Koskie, 14570 N. County Road 7, Wellington, Colorado 80549, with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Agreement for the Right to Enter to Obtain Soil and/or Gravel for Road Purposes between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Scott Koskie be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of October, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COLORADO NalATTEST: \`µ� � . Garcia, Chair Weld County Clerk to the Board ifis „itj.,�t,Mres ' / / ✓�,�� Douglas Rademacher, Pro-Tern BY: Deputy rk to the Boa .' 3 c�� � c�~— ' ) �- •a{ � -an P. Conway I R N•a� APPROVE s AS TO F• +' -- / ke Freeman ►runty s •mey �►i arbara Kirkmeyer NEW 152019 Date of signature: Per tA r C"P''e 2013-3066 EG0068 • RIGHT TO ENTER AGREEMENT TO OBTAIN SOIL AND/OR GRAVEL FOR ROAD PURPOSES THIS AGREEMENT is made and entered in to this 3oSday of a d- , 2013, by and between the Board of County Commissioners of the County of Weld, State of Colorado, 1150 "O" Street, Greeley, Colorado 80631, (hereinafter referred to as "County"), and Scott Koskie, 14570 N. County Road 7 Wellington, Colorado 80549, (hereinafter referred to as"Owner") WITNESSETH: WHEREAS, Owner is possessed of certain property located at: Fast 1/2 of Section 12, Township 10 North, Range 67 West of the 61° P.M., (hereinafter referred to as"Owner's Property"), and WHEREAS, County intends to engage in one or more road improvements project(s) within WeId County, (hereinafter referred to as the "Project") and is in need of sand, soil, and/or gravel in order to complete said Project, and WHEREAS, Owner's Property contains sand, soil and/or gravel which County deems appropriate for use and pprop t in the n which Owner desires to sell to County, and Project Y permit County to enter onto a designated portion Owner's Property (hereinafter referred to as the "Leased Area")for the purpose of extracting the soil/gravel. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, County and Owner agree as follows: 1. Property Description: Owner's Property which is subject to the terms of this Agreement is the real property described and shown in the attached Exhibit "A", which consists of a legal description,photographs, and maps. The Leased Area to be mined for gravel is depicted in the attached Exhibit "B" by a diagram and photograph. (Exhibits A and B are attached hereto and made a part hereof by this reference. 2. Term of Agreement: The Term of this Agreement shall begin on the date of approval of the Section 112c Permit from the Colorado Division of Reclamation Mining and Safety (hereinafter "DRMS") for the mining of Owner's Property, and shall continue through and until the date of the final release of the permit by DRMS. At the time of the execution of this Agreement the parties expect that all mining and removal of soil, sand and/or gravel shall be completed within twelve (12) years of the date of the execution of this Agreement. If additional time is needed to complete the required mining activities, the parties agree that County mining activities may be extended for one additional period of up to five (5) years upon the same terms and conditions. The County shall provide 30 days written notice that the extension period will be initiated. The Owner shall acknowledge the extension notice in writing. The parties Page 1 of 5 specifically acknowledge that a temporary or permanent cessation of mining activities does not terminate the Agreement; the Agreement extends to the DRMS release of the permit. 3. Royalty Payments: County shall pay to Owner a royalty of per ton for all soil/gravel material removed from the Leased Area desert e m aragrap above. Said royalty payment shall be made on or before the last day of the month following the month after which the soil, sand and/or gravel is removed. 4. Owner's Obligations: Owner agrees to the following terms and conditions: a. Owner grants to County the exclusive right to enter access and/or use the Leased Area throughout the Term of this Agreement for all purposes related to the removal, processing and crushing of soil, sand and/or gravel and to conduct reclamation activities following the cessation of mining activities. b. Owner grants to County the right to bring equipment onto the Leased Area which is deemed necessary by County to remove the soil, sand and/or gravel and to crush said gravel as required by County for its Project(s), and also to complete its reclamation activities after mining activities have ceased. c. Owner shall provide land for a haul route from a public road directly to the Leased Area; the haul route is depicted on Exhibit B and has been accepted by both parties. d. Owner shall not engage in any activity on the Leased Area throughout the Term of the Agreement which interferes with County's mining activities,with its efforts to secure a mining permit, or with its efforts to reclaim the property following the cessation of mining activities without the express written consent of County. e. Owner shall cooperate with County in its efforts to secure all required mining permits, and agrees to execute any documents required to be executed by the Owner of the mined property in relation to said permits. Any expenses associated with the permitting process shall be borne by County. 5. County's Obligations: County agrees to the following terms and • a. County shall construct and maintain the haul route described in Paragraph 4.c. above in good condition and shall obliterate said haul route upon the termination of this Agreement,if requested to do so by Owner. b. County shall maintain accurate records of all soil, sand and/or gravel removed from the property described in Paragraph 1 above, and shall make said records available to Owner for inspection in its offices located at 1111 H Street, Greeley, Colorado, from 8:00 a.m. until 5:00 p.m., Monday through Friday, except during all holidays recognized by Weld County. Each royalty payment made to Owner shall be accompanied by a statement of the amount of gravel mined by County since the dose of the previous mining period for which the previous royalty payment was made. c. During each year in which the County conducts crushing activities on the leased area, the County agrees to provide up to one hundred (100) tons of gravel on or before the 31st day of December to Owner for its exclusive use, commencing upon the first year of operation by County. The parties agree that the gravel Page 2 of 5 provided to Owner shall be of the same quality and type as that removed by the County. Owner agrees that prior to the removal of the materials, the County shall be consulted to determine from which stockpile on the leased area the gravel shall be removed. If County does not conduct crushing activities dur4 year,�no gravel shall be provided to Owner. County's responsibility to provide gravel to 'sir'. .244' Owner shall cease upon County's written Notice to Owner that its mining activities have ceased and the reclamation process has commenced. d. County shall be responsible for obtaining all necessary State, County and Federal permits, which shall not include permits for asphalt and/or concrete batch plants. County shall pay the entire cost of necessary surveying for the mining operation. County shall consult with Owner during the permitting process and shall exercise due diligence in obtaining all required permits in a timely fashion. County shall conduct the mining and extraction activities in compliance with the terms of each permit, specifically including the permit issued by the Colorado Division of Reclamation, Mining and Safety. e. County shall be responsible for the construction and maintenance of any improvements required by the terms of the permit. Following cessation of its mining activities, County shall ieutuve the improvements, unless Owner requests that such improvements remain. If County constructs a temporary entrance/exit on the leased area, said temporary entrance/exit may be left intact for Owner's use only if an access permit can be issued to Owner consistent with Weld County policy concerning such permits. f. County shall install a cattle guard at the access point onto CR 120. Additionally, the County shall install a gate constructed of wire fencing of sufficient width to accommodate the Owner's farming equipment. The County will coordinate with the Owner to ensure that the gate is of sufficient width. At the conclusion of mining, the cattle guard will be left in place at the request of the Owner. g. County shall notify Owner thirty (30) days prior to the commencement of mining activities h. County shall notify Owner thirty (30) days prior to the cessation of mining activities. The term of this Agreement, however, will extend to the date of the release of the permit by the DRMS. i. If Owner provides his social security number to the Weld County Controller, County will annually issue to Owner a 1099 to report the royalties paid and/or taken in kind pursuant to the terms of this Agreement. 6. Notices: All notices of Termination or other demand by Owner or by County shall be in writing and sent by Certified Mail, Return Receipt, or by E-mail with a Confirmation of Receipt as follows: OWNER: Scott Koskie ADDRESS: 14570 N. County Road 7 Wellington, Colorado 80549 EMAIL ADDRESS: scottkoskie@aol.com Page 3 of 5 COUNTY: David Bauer, Director of Public Works ADDRESS: P.O. Box 758 Greeley, Colorado 80632 EMAIL: dbauer(@co.weld.co.us 7. Non-Assignment: This Agreement shall not be assigned by either party without the express written consent of the other party. 8. Recitals: Each of the Recitals set forth in the introduction of this Agreement forms a part of and expressly is incorporated into this Agreement of the parties. 9. Approval by the Board of County Commissioners of Weld County: This Agreement shall not be valid until it has been first approved by the Board of County Commissioners of Weld County, Colorado or its designee. 10. Governmental Immunity: No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq., as applicable now or hereafter amended. 11. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties hereto and supersedes any other agreements concerning the bops,ieuewals or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the parties to this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 13. Acceptance not Waiver. No breach of any term, provision or clause of this Agreement shall be deemed waived or excused, unless a waiver or consent shall be in writing and signed by the party claimed to have waived or consented to the breach. Any consent by any party hereto, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to,waiver of,or excuse for any other different or subsequent breach. 14. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God,fires, strikes,war, flood, earthquakes or Governmental actions. Page 4 of 5 15. No Conflict. During the term of this Agreement, no employee of Owner nor any member of Owner's family shall serve on a County Board, committee or hold any such position which either by rule,practice or action nominates, recommends, or supervises County's activities of Owner's property. 16. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 17. Attorneys Fees/Legal Costs: In the event of a dispute between County and Owner, concerning this Agreement, the parties agree that County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of Owner. 18. Fund Availability: Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By execution of this Agreement, County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. County will not engage in mining and/or crushing activities unless funds for such activities have been appropriated, budgeted or otherwise been made available for such activities. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first stated above.Owner Signature: Date: /7 7 j - 20 (3 Printed Name: Scott Koskie vC OTT <05 Ki E BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: it F. Garcia, Chair 0CT 3 0 2013 Weld County Clerk to the Board BY: 42 Deputy Clerk to the':oard Fittek Page 5 of 5 ati3-3O EXHIBIT A 1% SPECIAL WARRANTY DEED THIS DEED,Made thisny4 day of October.2010,between Sant Lt Koskre, 14570M Congo Road 7,Wellington,Colorado 80549 and Peggy J.Amide, 2212 Crating Conn,Fan Collins,Colorado 80525 of County of Lorimer, State of Colorado,GRANTORS andScott Lt Koskir,whose legal address is 14570 N.County Road 7,Wellington,Colorado 80549,of County of Lorimer, State of Colorado,GRANTEE. WI1NESSETH,That the GRANTOR for and in consideration of the parties'separation agreement in their divorce and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, have granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey,and conform,unto the GRANTOR(s)his heirs and assigns forever,all therm property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: urn :, r err 01*vt&Rarrgelf.7Wrstajrke9 PM � rya! sae of Colorado Scott D.Kaslde does hereby reserve an undivided one-quarter interest in and to all of the coal,all,gas, and other minerals in and ander,and what may be produced from the above described bills;and,the Grantors have by tent Deed,conveyed an equal one quarter interest to Peggy S.Koskie per the parties' agreement. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in any wise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the GRANTOR(s),either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOID the raid premises above bargained and described with the appurtenances,unto the GRANTEE(s),his heirs and assigns forever.And the ORANTOR(s),for themselves their heirs and personal representatives or successors,do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the GRANTOR(s)his heirs and assigns,against all and every person or persons claiming the whole or any part thereof,by through or under the GRANTOR(s). IN WITNESS WHEREOF,the GRANTOR(s)have executed this deal on the dates set forth above A. x Scott D.Kostde atiFireee After Recording Return To; Law Office of Craig Stirn 343 West Drake Road, Suite 105 Fort Collins, Colorado 80526 I Illil III III CHI ill I�IUI Il INII IN III 8727746 10/25.R010 W.24P Wald County,00 1 of 2 R 15,00 D 0.00 Slave Moreno Clerk&Reamer 11 STATE OF COLORADO ) !2122748 102512010 111111 0�0424Pill*County.CO 111111 nt yl '11 Ip{ )ss. 2 of 2 R AL DO D O.DO Steve Nome Dletk&BewiCor COUNTY OF LARIMER ) �,y, The foregg�ggp�gs instrument was acknowledged before me in the County ofLmfiser,State of Colorado,this/'7' 'day of Optabe! ,20I0,by Scott D.Koskle. Witness my hand and official seal. 14t 170 My commission expires: di—ill I AoTAR} 3*: tier .ara "1Qil(� 04.0442, tPUBNCea Notary Public -tonality nut My Camnlaslen Ewen '1-142012 STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me in the County of Latimer,State of Coloreds,this ogriday of ee3D.her ,2010,by AtggpJ.Kaakle. Witness my hand and official seal. My commission cxpiras: I1 — • 2012- tur ,�p'P�!CA`��',y�44 `�t1 iLQ �LJ a49 _a t 't#— Notary Public PUBLIC ORGY `aruanu+ My Commissi otit" N 4. _ 1 •:st'�i i'r 'G .�. t_f' r'''te , -- _ }':Ly by ^Y'+�,' ,.M',r M� • r 74,.E ` ',S1•r3. =.1 _ ��^ •. i s . � -♦ -• • _ { +� r. s. •a �1« ,� •-• -1 . .mil. • • .. "13`x' , ' -w fl, lb { ' ,CS i. _ ` ^ 'mss s,. ar . ��• ' ItVit t 44.- �1 " . •L Photo 1 : View of Property looking West -- - --- ♦ T 4, _ _ 11• . - �—M":� Photo 2: View of Property Looking East T EXHIBIT B -so.4. • tH ` a .ti4.• pl.' -*A 4 - segli'ilk Ilier 4:114e , .. at .4 . y r• ` - - . - _ . .ter._.... 2022 R Approximately 40.54 acres 866 t • _ ' 1 r . 206411 I ,ti is 41 i • S 1 �.' ,.'♦ :_• • - _ _ - N. . istit Is L : _ 1 ..., . . • . . . • ; . ._ . ! ! a 1 t+ •..iiiiii • ,. , ..4. J' . 11. . ... .. . . r« , t' '; ._. -__ . , Koskie Lease Area Map Leer d ..l MOW MI `SAN illilliene Mi.ISOOMED 0 _ amiliMMICIOSIMIlaimignialliell••••••••• -'►+' 0 200 400 800 .. .....—S.glI..IIIMI.IMIfl SRI ME. • Feet EXHIBIT O—Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined The land owner of the Koskie site is: Scott Koskie The owner of the sand and gravel under the Koskie site is: Scott Koskie EXHIBIT P—Municipalities within Two Miles The proposed Koskie site lies in unincorporated Weld County. There are no municipalities within a 2 mile radius of the proposed Koskie gravel mine site. The unincorporated town of Carr is approximately 3.3 miles to the northwest. The town of Nunn is approximately 10 miles south and east of the Koskie site. The adjacent CR 120 gravel road is owned and maintained by Weld County Government. . EXHIBIT Q—Proof of Mailing of Notices to County Commissioners and Conservation District Please see the attached. NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY Weld County Public Works (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. You may also contact the applicant directly at the number below. Weld County Public Works Attention: Clay Kimmi 970-304-6496 x 3741 Hand Delivered NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT WEST GREELEY CONSERVATION DISTRICT Weld County Public Works (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post-mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. You may also contact the applicant directly at the number below. Weld County Public Works Attention: Clay Kimmi 970-304-6496 x 3741 EXHIBIT R—Proof of Filing with the Weld County Clerk and Recorder Please see the attached. EXHIBIT S—Permanent Man-Made Structures Weld County Road 120, a County-maintained graded gravel road extends east-west along the north property line of the Koskie site. Visual reconnaissance of the proposed gravel excavation and gravel processing areas shows one livestock water well and windmill, a fence on the north side of the site, and a fence on the east side of the property. The livestock water well and fences are owned by Scott Koskie. Weld County owns and maintains CR 120. A Structure Agreement with Scott Koskie will be provided. Since CR 120 is owned and maintained by Weld County,a structure agreement is not needed. BOARD OF COUNTY COMMISSIONERS i86 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 PHONE: 970-336-7204 v 3 COUNTY j FAX: 970-352-0242 March 27, 2014 Scott Koskie 14570 N. County Road Wellington, Colorado 80549 Re: Agreement for Compensation for Damage to Structures within 200 Feet of Mining Activities Dear Mr. Koskie: On October 30, 2013,the Board of County Commissioners of Weld County appr oved and authorized the Chairman's signature on a document entitled, "Right to Enter Agreement to Obtain Soil and/or Gravel for Road Purposes,"with you being listed as the "Owner" in the Agreement. The property is: East '/2 of Section 12, Township 10 North, Range 67 West of the 6* P.M., Weld County, Colorado ("the Property"). Weld County is currently applying for a permit from the State of Colorado, Division of Reclamation, Mining, and Safety ("DRMS"),to mine the property. The DRMS permit application requires the submittal of an agreement between the prospective permit holder and owners of structures located within 200 feet of the proposed area to be mined, agreeing to provide compensation to the owners if the mining causes any damages to the structures. Clay Kimmi, Senior Engineer for Weld County, has informed me that the County's mining operations on the Property will come within approximately 30 feet of the fence lines on the north and west sides of the mine permit area, and within approximately 50 feet of your windmill and livestock water well. Mr. Kimmi reports that: "Slope stability will not be an issue because we will not mine to a high wall (vertical wall) condition and the reclamation slopes will have to be shallow enough to allow farm implements to traverse it. The well sits at an elevation that is about 15 feet lower than the current land surface. We will mine about 15 feet of material. Therefore, in the vicinity of the well, the final land surface will be about the same elevation as the well so there are no slope stability issues." The purpose of this letter is to request your authorization to conduct mining and reclamation activities within 200 feet of these structures. In return for such authorization, Weld County agrees to provide you with fair compensation if, in the course of conducting the mining and reclamation activities, the structures are damaged as a direct result of the activities. Letter Agreement, Koskie March 27, 2014 Page 2 Your acknowledged signature below grants permission for Weld County to conduct mining and reclamation activities within 200 feet of the following structures: the fence lines on the north and west sides of the mine permit area, and the windmill and livestock water well located adjacent to the mine permit area. If you have any questions, please feel free to call Bruce T. Barker, Weld County Attorney, at (970) 356-4000, ext. 4390, or Mr. Kimmi at (970) 356-4000, ext. 3750. Sincerely, Douglas Rademacher, Chairman Board of County Commissioners of Weld County Please sign below, have your signature acknowledged in the space provided, and send this document to: Bruce T. Barker, Weld County Attorney, P.O. Box 758, 1150 O Street, Greeley, Colorado 80632. Scott Koskie STATE OF ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by Witness my hand and official seal. Notary Public My Commission Expires: pc: Clay Kimmi, Senior Engineer EXHIBIT T. -Proof of mailing notices of permit application Please see the attached. ADDENDUM 1—Notice Requirements: Board of County Commissioners Soil Conservation District Colorado Historical Society Adjacent landowners within 500 feet of the site boundaries Notice in newspaper—published once within 10 days of date of application is considered; submitted to DMG; also mail notice to landowners Notice posted at site. 1 AN EXAMPLE PUBLIC NOTICE WHICH MEETS THE REQUIREMENTS OF THE STATUTES IS SHOWN BELOW. THE BLANKS WHICH REQUIRE DATES WILL NEED TO BE FILLED IN ACCORDING TO THE FOLLOWING INSTRUCTIONS. PLEASE READ CAREFULLY. PUBLICATION INSTRUCTIONS: Date of commencement and date of completion should represent the dates which you feel most accurately describe the life of the operation. For all Regular(112)types of operations,this notice must be published once a week for four(4)consecutive weeks,starting within ten (10) days of the date the application is considered to be submitted to the Division. The fmal date for receiving comments is the 20th day after the fourth publication or the next regular business day. All notices must be published in a newspaper of general circulation in the locality of the proposed mining operation and mailed to the landowners as set forth in the Colorado Mined Land Reclamation Rules and Regulations. Since the date for consideration of your application may change, DO NOT include it in this notice. For a complete discussion of the notice procedures and objections, please refer to C.R.S. 34-32.5-112(10), 114 and 115. ***************************************************************************************************** ***** PUBLIC NOTICE (Operator Name) Weld County Public Works ;(Address and Phone Number) PO Box 758,Greeley,CO,80632,970-304-6496 has filed an application for a Regular(112)Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the(Name of the Mine) Koskie Pit ,and is located at or near Section 12 ,Township 10 , Range 67 , 6th Prime Meridian. The proposed date of commencement is August 1 , 2014 ,and the proposed date of completion is August 1 , 2026 . The proposed future use of the land is(Future Landuse) moa1e°cro land. Additional information and tentative decision date may be obtained from the Division of Reclamation,Mining,and Safety, 1313 Sherman Street, Room 215, Denver,Colorado 80203, (303) 866-3567,or at the(County Name) Weld County Clerk and Recorder's office; (Clerk and Recorder's Address) 1150O St,Greeley,CO 80632 ,or the above-named applicant. Comments must be in writing and must be received by the Division of Reclamation,Mining,and Safety by 4:00 p.m.on(Final Date for Comments) Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Off'ice's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining, and Safety or the Mined Land Reclamation Board. M:\min\share\vsforms\07-07-01 vsforms\Construction 112.doc 07/24/2007) Hello